Joseph Stalin Essays - 2248 Words

Joseph Stalin ruled the Soviet Union from 1922 until his death in 1954. He is widely recognized as a dictator, an oppressor, and a ruthless ruler who took the Soviet Union from economic shambles to a superpower, but with the high cost of human sacrifice and his paranoia of opposition. Stalin saw himself as the natural successor of Leninism-Marxism, but in actuality he created a system of his own which did not go according to the philosophy of Karl Marx and Engels. Stalin’s early political career began just like everyone else who gained prominence in the Bolshevik takeover of the Russian Empire. Lenin had successfully launched his revolution in October, 1917 and became the leader of the Russian Communist Party until his death in January†¦show more content†¦Stalin’s form of Marxism was based on a totalitarian system of power in the hands of one leader, Stalin and the Communist Party which was run by him. The economic policies of Stalinism forced industrializatio n and collectivization as the two main tools for boosting the Soviet Union onto the world stage. Also, the population of the Soviet Union was controlled by the party and Stalin with the use of propaganda, and Stalin’s cult of personality. Any opposition would be repressed, including deportation to gulags which were labor camps in Siberia and other republics of the Soviet Union and most of the time, the opposition would face death by Stalin’s purges and the NKVD, the secret police organization lead by Lavrentiy Beria. An example of Stalin’s economic policies was the five year plans that were bestowed upon the large peasantry class of the Soviet Union. Unlike Stalinism, Karl Marx and Engels explained in their works such as the Communist Manifesto that popular revolution would be key to economic, social, and political reform. There was no mention ever of a single person who would lead the revolution and proclaim him to be the most powerful and rule a communist stat e as a dictator. Eventually, Communism would turn itself into Socialism, and the proletariat class would rule themselves in favor of national interest for all. Karl Marx held the notion that class struggleShow MoreRelatedEssay Joseph Stalin3070 Words   |  13 PagesJoseph Stalin Joseph Stalin was one of the biggest mass murderers of the twentieth century. From the purges in the Red Army to forced relocations, Stalin had the blood of millions on his hands. This essay is not going to debate the fact that this was indeed a brutal and power hungry individual, because he was indeed just that. I will on the other hand show you that through his way of governing the Soviet Union, he actually saved mother Russia from the German invasion in World War Two through hisRead MoreJoseph Stalin Genocide1421 Words   |  6 PagesJoseph Stalin’s Genocide: 50 Million Deaths From 1919 to 1953 when Stalin died about 50 million lives were taken in the Gulags of Russia (â€Å"Videofact†). In total there were 53 Gulags and 423 labor camps (â€Å"Gulag†).   Stalin was considered one of the most feared dictators because of his secret police and the Gulags. During a series of interviews in 1996, a Soviet veteran who lived in Minsk claimed to have seen a U.S. POW in May or June 1953. The POW was a Korean War F-86D pilot whose plane had beenRead MoreThe Death Of Joseph Stalin1829 Words   |  8 Pagesâ€Å"Death is the solution to all problems. No man - no problem.† This is a direct quote from one of the most notorious men in history, Joseph Stalin. Stalin was the leader of the Soviet Union from the mid 1920’s until his death. The period in which he ruled over the Soviet Union was known as the Reign of Terror because he was a malicious leader who was ready to do anything to maintain the level of power he achieved. He will forever be remembered as a cold blooded and heartless leader, who took the livesRead MoreEssay on Joseph Stalin2352 Words   |  10 Pages â€Å"The man who turned the Soviet Union from a backward country into a world superpower at unimaginable human cost (Joseph Stalin).† â€Å"Stalin was born into a dysfunctional family in a poor village in Georgia (Joseph Stalin).† Permanently scarred from a childhood bout with smallpox and having a mildly deformed arm, Stalin always felt unfairly treated by life, and thus developed a strong, romanticized desire for greatness and respect, combined with a shrewd streak of calculating cold-heartedness towardsRead MoreJoseph Stalin Research Paper1472 Words   |  6 Pagesgreat or corrupt; they are rarely both. Most of Russia’s history is filled with corrupt leaders. Joseph was one of those leaders. Stalin killed millions of people during his rule. But Stalin also led the Soviet Union almost to the top in world power. Stalin had many influences that led him to his Soviet Leadership in which gave him many admirers but even more non-supporters. At the age of 10, Joseph â€Å"Stalin† Djugashvili attended Gori’s religious elementary school. His mother, Yekaterina, wanted himRead MoreEssay on The life of Joseph Stalin554 Words   |  3 PagesThe life of Joseph Stalin Joseph Stalin. One of the Russias most supreme leaders. But one of its most horrid as well. He brought them up while also letting them down. Some could say where would we be without him. But others wish they never were led by him. He went from nothing to the most powerful man in the now most powerful country. In the early years. He was first born Josef Vissarionovich Djugashvili to a poor shoemaker of a father on December 21 1879. It was a small village calledRead MoreExecution By Hunger, By Joseph Stalin1081 Words   |  5 PagesExecution by Hunger 1. Collectivization was peasants being forced to give up their goods to the government. Collectivization started at the end of 1929 by Joseph Stalin. He began collectivization as part of the 5 year plan because he feared the invasion from the Allied countries in the west. He increased industrialization so he could earn more money just in case there was a war. This impacted the peasants of Ukraine because majority of the farmers had their own land it was their only way of incomeRead MoreJoseph Stalin And Vladimir Putin2340 Words   |  10 PagesJoseph Stalin and Vladimir Putin are two of the most famous and influential figures of Russian history. Joseph Stalin’s iron fist ruled Russia from the mid-1920’s until his death in 1953. Under Stalin’s totalitarian government, the Union of Soviet Socialist Republics played a pivotal role in several major conflicts, including World War II and the Cold War. Stalin’s main goal seemed to be expanding Russia and spreadi ng the influence of communism. Contrastingly, Vladimir Putin has held power from 1999Read MoreEssay about Joseph Stalin2651 Words   |  11 PagesJoseph Stalin was the leader of the Soviet Union from 1922-1953, when he died. He was responsible for one of the most notable and devastating genocides, the Great Purge. His vicious reign took the lives of around 20-60 million people by his rigid and cruel treatment. Through his exploitation of the lower class and his manipulative abuse of power, Stalin created one of the worst examples of leadership in history. It takes an interesting character to be able to execute the cruelties displayed in hisRead MoreCharacteristics Of Joseph Stalin The Prince818 Words   |  4 PagesK History Honors/Block E 4 October 2017 Perfect Prince On December 21, 1879 (Editors, Biography.com) Iosef Vissarionovich Dzhugashvili was born. He was later known as Joseph Stalin and he was one of the most powerful men in the world during the 19th century. According to Niccolo Machiavellis views in the book, The Prince, Stalin was the perfect prince, or in this case the perfect dictator . The Prince examines the traits that are needed to be a perfect leader. Traits such as being feared, but

Racial Prejudice And Discrimination On Children s Self...

Introduction Racial prejudice and discrimination can negatively affect children’s self-esteem. In 1954, the Supreme Court of the United States enacted the Brown v. Board of Education to outlaw racial segregation from public schools in order to establish equality among children of different racial and ethnic backgrounds (Zirkel, 2005). However, racial prejudice and discrimination still exist within the educational system where children continue to experience these inequalities (Zirkel, 2005). Clark and Clark (1939) argue that during child development, children become consciously aware of themselves as distinct people by comparing their bodies to the bodies of others. This development of self-awareness includes race consciousness and racial identification. Raising children in an education system that still retains racism can impact how minority children develop their racial identities. It is difficult for children of color to develop their identities within predominantly White i nstitutions (Zirkel, 2005). Racial prejudice and discrimination can lower the self-esteem of children that are being targeted because of their race and skin color. Racism refers to beliefs, attitudes, actions, or behaviors that are targeted against an individual or a group of people solely because of innate characteristics such as race or skin color (Pachter, L. M., Bernstein, B. A., Szalacha, L. A., Coll, C. G., 2010). Pachter et al. (2010) discussed how racism is expressed in two forms: racialShow MoreRelatedThe Effects Of Prejudice On Children And Young People1502 Words   |  7 PagesPrejudice is an opinion or attitude about a group of people that is based upon lack of understanding or incorrect information. It is making assumptions about children and young people because they belong to a particular group. Prejudiced attitudes can all too often be found among children, even at a very young age. Research has shown that children are capable of holding prejudices and negative att itudes towards others from the age of three. There are so many pressures on children to fit in and toRead MoreRacism And The Australian Human Rights Commission1626 Words   |  7 Pagessociety, in 2013 the Australian Human Rights Commission received a 59 per cent increase in complaints about racial hatred and vilification compared to the previous year. Racism can also affect physical health, life expectancy, and social cohesion. Evidence suggests that discrimination and racism are linked to a range of adverse health conditions, including poor mental health and wellbeing in children aged 1 to 15 years (Mitchell, 2014). Maternal race is one of the most analysed, robust, and puzzlingRead MoreImplicit Personality Theory and Stereotypes1650 Words   |  7 Pages The way we form impressions and the different conclusions we make about other people based upon our individual impressions is also part of this theory. One of the first people to investigate how people form impressions was Solomon Asch in the 1940’s in his experiment ‘Forming Impressions of Personality he was interested in how people form impressions and if certain traits affected peoples impressions. A good example of Implicit personality theory is if someone who is considered unpredictable theyRead MoreRacism Essay852 Words   |  4 Pageshis or her characteristics. Racial separatism is the belief, most of the time based on racism, that different races should remain separate and apart from one another.Racism has existed throughout human history. It may be described as the hatred of one person or by one another. It is the belie f that another person is less than human due to the color of skin, language, and place of birth. It has influenced our society today. Around the mid 1950’s to late 1960’s the civil rights movement hadRead MoreMultiracial Families : Multiracial People1174 Words   |  5 PagesSchmitt, Outten, 2012) When The Rejection-Identification model is used it suggests that all encompassing discrimination represents rejection from the broader society and, harms psychological health. (Giamo, Schmitt, Outten, 2012) Until laws were federally overturned in 1967, most U.S. states banned marriages and relationships between White and non-White people. Biracial and multiracial children were once considered illicit results of such illegal marriages and relationships. The multiracial childRead MoreTo Kill a Mocking Bird1008 Words   |  5 Pagesfilm To Kill a Mockingbird was directed by Robert Mulligan and released in 1962. It has won an abundance of awards and is considered by many to be one of the greatest films ever made. Set in the 1930’s in Maycomb Alabama, the film focuses on the main characters of Atticus Finch and his two children, daughter Scout and son Jem. Atticus is a lawyer who decides to defend an African-American man, Tom Robinson, who is accused of raping the white woman Mayella Ewell. The film largely revolves around theRead MorePrejudice and Discrimination Essay example1193 Words   |  5 Pagesdue to our past history, discrimination had been among us from since decades. Discrimination and prejudice would probably be among us until the end of the world. Prejudice and discrimination is an action that treats people unfairly because of their membership in a particular social group, class, or category to which that person or thing belongs to rather on that individual. It is an unfair treatment to a person, racial group, and minority. It is an action based on prejudice. In this paper I willRead MoreMethods of Reducing Prejudice and Discrimination2228 Words   |  9 Pages Prejudice can be defined as the judgement of a group or an individual based mainly on group association. Prejudice is not necessarily negative. Ethnocentrism is an example of positive prejudice towards one’s in-group. Discrimination can be defined as the negative or positive behaviours towards individuals based on their group association. Discrimination may be obvious or subtle, either way both can be damaging. Although discrimination and prejudice often go hand in hand, there is a differenceRead MoreDoes Diversity Affect Our Society?985 Words   |  4 Pagesminorities still face prejudice and discrimination. Harvard University presented a research where they gathered college students from 4 particular public universities and questioned them about the social behavior they have experienced or witnessed. In the contrary, they discovered that college students have encountered racist comments or negative facial expressions towards them from Caucasians. This has led to propositio ns for instance, improving social conduct between children in school, more gratificationRead MoreThe Impact Of Diversity On College Campuses959 Words   |  4 Pagesstill face prejudice and discrimination. Harvard University presented a research where they gathered college students from 4 particular public universities and questioned them about the social behavior they have experienced or witnessed. In the contrary, they discovered that college students have encountered racist comments or negative facial expressions towards them from Caucasians (Caplan, page 31). This has led to propositions for instance, improving social conduct between children in school,

A probate property fair market price Free Essays

string(114) " upper manus over comparable belongingss in that peculiar vicinity that may non be holding those characteristics\." Chapter 4 To get at a probate belongings ‘s just market monetary value What are comparables? In what manner can Multiple Listing Service ( MLS ) aid you? Vitality of existent estate agents Descrying the right agent Exercises Important Terminology TO ARRIVE AT A PROBATE PROPERTY ‘S FAIR MARKET PRICE As discussed earlier, equity of a belongings is its fiscal worth in the free market. We besides realized how important it is to happen out the equity of a probate belongings. To accomplish that, we require the just market value of the belongings and the debts owed on it. We will write a custom essay sample on A probate property fair market price or any similar topic only for you Order Now Honestly, you need non take excessively much hurting to happen that out and instead delegate this occupation to person more knowing and the best people for the occupation are the existent estate agents. Your occupation fundamentally is to happen out the right adult male for you capable plenty for the occupation and person you can trust on. Second, allow your agent know that your demand is to acquire the belongings sold every bit early as possible and inquire him to do offers consequently. This is critical since most agents would project the belongings ‘s just market steeper than it really is. Realistically, they ca n’t be blamed for this merely because the clients are anticipating a price reduction on a monetary value put frontward to them. Another good ground for this demeanour of theirs is that the individual in ownership of the belongings of course likes his belongings to be valued at a monetary value a batch steeper than it really is and likes to hear good things about his belongings. The proprietor evidently would wish his belongings to be quoted at an overdone monetary value. Just in instance, the agent fails to make that, it is improbable that he would be employed. Therefore, it is important for the agent to understand your demand and quotation mark consequently. Stick to a peculiar agent so that you are the same page as the agent. Make him recognize that all you want is a moderate free market value of your belongings, which more frequently than non would be the existent worth of the belongings. As the clip goes by and as he gets to cognize you better, he would get at the monetary values which suit you best. That scenario is ideal since that restricts your occupation to merely reach your agent, tell him the whereabouts of the belongingss you are interested in and go forth the remainder to him since cognizing you good, it would be a cakewalk for him to acquire you the just market values. WHAT ARE COMPARABLES Estimating a belongings ‘s market worth is no walk in the park and involves a batch of analysis and research. In order to work out the just market value of a belongings the agents weigh the belongings against another belongings at par with it or against the belongingss they have traded late. The belongings whose just market value is to be calculated is termed as capable belongings. The two belongingss similar plenty to be stacked up against each other are referred to as comparables. By analyzing the comparables, agents are able to gauge the monetary values of a peculiar sort of belongings within a peculiar part or vicinity. Therefore, the capable belongings is weighed against some of the comparables which were sold recently in a peculiar vicinity. It is clear that the just market value of the capable belongings would be at that place and thereabouts merely. The best attack to place the just market value is the usage of comparables. For the belongingss to be comparables, they must portion certain properties ( those listed in class 1 ) . Class 1 The architecture of the belongingss being compared should be indistinguishable The comparables should be likewise when it comes to the figure of suites. Besides, the comparables should be identical on the footing of figure of sleeping rooms and bathrooms. Most significantly, the houses should belong to a peculiar country or a part merely since the monetary values may change significantly with location. The dimensions of the comparables should be indistinguishable Category 2 lists certain features that can impact a house ‘s value well depending on whether it possesses those features or non. Sometimes it is non possible to happen comparables with exactly the same features as our capable belongings. If the comparables have some additions or any extra fortes as compared to our capable belongings, so just market value of the capable belongings is needed to be decreased consequently and thoughtfully. Similarly, if the topic belongings has something the comparables do n’t, so that must add to its value suitably. For case, if the capable belongings possesses an extra cellar or parking batch or anything for that affair which the comparables do n’t so you must add up to its value suitably and it goes without stating that this works the other manner unit of ammunition every bit good when your capable belongings is short of something present in the comparables. Again, you must hold your agent sitting by your side and loaning you a much needed assisting manus. So, ne’er add onto or deduct from the just market value of belongings without the consent of your agent. Category 2 lists the specifications that may rise your belongings ‘s value ( or the other manner unit of ammunition ) Class 2 An fond regard like a shop room or possibly a public-service corporation room One or more than one parking tonss Fireplace or something like that Central air conditioning An extra lower floor ( cellar ) The additions listed above can truly hike or keep back the value of your probate house appreciably. Another set of additions mentioned below that may non hold excessively much deduction on the value of belongings but alternatively do it more attention-getting constitute our 3rd class. If your house has those characteristics, it will surely hold an upper manus over comparable belongingss in that peculiar vicinity that may non be holding those characteristics. You read "A probate property fair market price" in category "Essay examples" Class 3 A gallery An unroofed deck A well maintain lawn or a garden Greenery like tidy shrubs, cosmetic trees, etc. A little extra parking country Tip: We merely saw how some properties can increase a belongings ‘s cost appreciably but at the same clip certain supernumeraries may go an extra luggage and diminish its marketability. For case, a swimming pool, which may be viewed as an sweetening by a subdivision of people, but it ‘s besides something which may do your house harder to sell. This is since most of the belongings purchasers are bound to be freshly married people with really immature childs. Kids we know are unpredictable and it would surely non be advisable for the parents to travel for such place. These immature people form a major part of the homebuyer ‘s community. Besides, most of these people would be looking for some kind of an adjustment every bit early as possible and by and large maintaining the pool in good form wo n’t be excessively easy on their pockets. You merely can non afford to lose so many possible purchasers. At the same clip, another subdivision of people to whom fundss or childs or anything is non a affair of concern would ne’er mind holding a swimming pool at their disposal. Summarizing it up, such additions should non do excessively much of a difference to you while measuring a house. Those were the three classs which must be taken into consideration while ciphering its just market monetary value. As mentioned above, classs 1 and 2 are peculiarly indispensable since they affect the value of the house appreciably. Anyhow, class 3 which does n’t hold much deduction over the house ‘s value can non be neglected. Once you have been in touch with an agent for a period of clip, you will be good equipped to find the just market value by yourself rapidly and accurately. The belongingss which are similar to the capable belongings and have been sold in the recent yesteryear must be taken into history. Properties sold within the last six months are 1s which must be taken into history. Properties beyond that period can non be considered recent plenty to be used as comparable belongingss. It is the responsibility of the existent estate agent to analyze all the available comparables and find the just market value accurately. The state of affairs where no comparables are available is non excessively uncommon or a one-off thing. It does go on on a regular basis and in that instance the agent may hold to travel back by a twelvemonth or even more to happen the comparables sold in the vicinity. He should believe twice earlier seting up any monetary value since belongings values may change drastically with such an interval of clip. How to find the just market value without utilizing comparables In some vicinities, where houses are every bit old as 30 old ages or even more it becomes difficult to come up with comparables. This is because most of the houses during that period were customized as per the likings of the proprietors. The contractors ( or designers ) used to build houses with different forms within a vicinity during that period. Furthermore, since these houses are rather old, most of those would be altered well. Changes may be attaching another room to the house, widening it, adding another floor etc, and these things over a period of clip make sure that the house is far from its original signifier. Since the deceased, go forthing behind the probate belongings would largely be an elderly individual ; opportunities that the belongings is located in older vicinities are good and in that instance it would be truly difficult to happen the comparables. Without any comparables, you will hold a tough clip measuring the house ‘s just market value. Try to calculate out the houses which have the closest of resemblance to the topic house by comparing the properties in class 1 and so of class you can do suited add-ons or minuss on the value depending on the additions mentioned antecedently. Once once more it is your existent estate agent who comes to deliver. Rely on him to cipher the just market value accurately. It is ne’er a bad thought to listen to another agent ‘s point of position if you are still diffident of the value. The idea of holding other agents to discourse with your agent may besides be fruitful. These are the rudimentss when you are looking to cipher the just market value and it wo n’t take you long to get the hang the art. Merely maintain it simple, utilize the comparables and maintain in touch with your agents. You would come across different sorts of probate places. A probate house may be a individual household place, a townhouse or a condominium. How to find just market value of townhouses? Townhouses or row houses are by and large those houses that are joined utilizing a common sidewall. When it comes to finding the just market value, townhouses are comparatively simpler than individual household places. Let ‘s take a expression at the grounds for it: Townhouses in a vicinity are by and large built on the same forms. Even if they do differ, there merely are a few forms that exist in a subdivision More frequently than non the proprietors are non permitted to build any additions on their houses by the subdivisions. The few things that proprietors may be permitted to make in order to hike their house ‘s market value are Construction of an extra sleeping room in the lower floor ( cellar ) Build an extra bathroom Other features that you may desire to cognize about the house may be the inclusion of assorted types of Windowss, floors, deck, etc. Although they are n’t likely to hold an consequence on the just market value, but they can surely be things to do a note of. The basicss remain the same though, i.e. the size of the belongings, figure of sleeping rooms and bathrooms, form on which it is built, dimensions, etc. Of class properties like excess bathroom, a car port, or a hearth do hold a positive affect on the market value. It is good known that the corner houses are of somewhat more value than the 1s sandwiches between two houses. The grounds are good known excessively. Normally, the corner houses have a somewhat larger country. They are three side unfastened and two-side unfastened like the interior 1s. They portion sidewalls with merely a individual neighboring house. Townhouses form serious belongingss to take at since they ca n’t be altered much and besides, happening their carnival market value is rather easy because there are so many comparables to look at. How to happen just market value of condominiums Condominium refers to one of the units in a multi unit composite. Here once more, finding the just market value is non excessively large a trade. Merely name up your agent, he would measure the house based on legion comparables by and large available for condos. Second, since alterations are rarely allowed in condos, proprietors have their custodies tied in instance attempt to heighten the market value of their house. Condos with characteristics like modular kitchen, wooden cabinets or some type of particular flooring may be somewhat in front than others, but non by much. Analyze the competition Assign your existent estate agent the undertaking of finding what the proprietors of comparable belongingss are demanding for selling their houses. This will give you a clear indicant on what monetary value you need to set up your belongings for sale. Be cautious and ne’er think of this information to measure the just market monetary value since proprietors are bound to cite excessively much more than what the belongings is really deserving. Fair market value can merely be calculated on the footing of belongingss already sold and non on the 1s that are on sale at present. Your mark is to acquire your belongings sold every bit shortly as possible. Buying a probate house is easy on the pocket and hence you can inquire for monetary values moderately lower than the monetary values of the comparables. This would vouch a speedy sale and a significant yet speedy fiscal addition. When to utilize valuators Appraisers are those persons who have expertise in ciphering the just market value of belongingss. You should avail of their services merely if you and your agent are unable to find the just market value of a house. This can go on when you merely are n’t able to happen any comparables. So, when person does offer you a large price reduction on his house and you find yourself incapacitated, turn to valuators. The valuators are knowing plenty to measure the just market value of the house from comparables belonging to non merely the same, but besides from other nearby vicinities in that peculiar country. From comparing the capable belongings to the comparables to doing suited add-ons and minuss on the just market value depending on the additions contained by the comparable, an valuator would make it all for you. Still, you are advised to do usage of them merely in instance both you and your agent are unable to happen the just market value by yourself since valuators would and intelligibly so bear down you a fee for their services. No replacement to difficult work! In instance you are a newbie in trading belongingss and material, it is recommended that you do the difficult paces and pattern measuring the just market value by yourself. Find some probate places, inquire your agent for suited comparables and visit those comparables along with your agent. You do the comparing by yourself, analyze whether or non the comparables resemble the topic belongings closely adequate and seek to find the just market value consequently. Do non bury to see some of the nearby occupants. Gather as much information as you can about the belongingss in that peculiar vicinity. These following door neighbours will be more than willing to portion their sentiment peculiarly when you tell them that you are their prospective neighbour. WHAT IS MULTIPLE LISTING SERVICE ( MLS ) AND IN WHAT WAY CAN IT ASSIST YOU? MLS is the abbreviation for multiple listing services and it is a service which can be accessed via computing machines merely. It is the multiple listing service merely through which agents are able to calculate out the comparables for a given capable belongings. All existent estate bureaus subscribe to the MLS and supply its entree to all the agents working with the bureau. It may be that the agent is a endorser, and does n’t necessitate any bureaus to avail of the MLS. A belongings that is available for purchasing at present is termed as a listing. Therefore naming service is service which has 1000s of listings and has the information of all the belongingss that are presently on sale. Therefore, the existent estate agents make usage of the MLS to happen out the comparables for a capable belongings. Whenever you appoint an agent and assign him the undertaking of selling your house, he enters the listing in the MLS and makes it existing in the market. Since this list is carefully looked upon by all the agents, it gives your belongings a good adequate exposure in the market. MLS is regarded as a must hold tool for all agents. MLS provides the agent with plentifulness of information. It has the list of all the belongingss sold within last 12 months in a peculiar country and besides comprehensive information sing them. The agent ‘s occupation is to shop through the consequences generated as he enters a few variables and make a elaborate survey based on these consequences. These variables may be the purchaser ‘s budget, size or form of the house, the coveted location, and the MLS will bring forth the list of all the belongingss fulfilling these parametric quantities. The simpleness and the user friendliness of the MLS are astonishing. For case, you call up your agent and inquire him to measure the just market value of a certain probate house. You tell him about the figure of sleeping rooms, bathrooms, and the location etc of the house. Now, all your agent demands to make is to come in all these factors in the hunt field of the MLS. Leave the remainder to the MLS. The MLS will so bring forth a list of all the houses purchased with the same specifications. So many comparables are available that the occupation of finding the just market value becomes a batch easier. MLS makes certain that finding the just market value of any belongings is merely a affair of proceedingss once you and your agent are accustomed to it. VITALITY OF REAL ESTATE AGENTS The recognition for the gross revenues of most of the bank foreclosures in Canada goes to the existent estate agents. These are competent salesmen who are employed when belongings proprietors intend to sell their belongingss. Real estate agents are skilled people who are likely to give you an advantage and hike the opportunities of a speedy and a paid sale by springs and bounds. Real estate agents want a small of the gross revenues made through them. They would by and large inquire for a 3 to 6 % portion of the entire sale value. The agent ‘s portion is non fixed and it varies with different agents and different trades, though by and large, they stick to 6 % of the entire monetary value the house is sold for. This is because 8 out of 10 times your agent wo n’t be straight in contact with the purchaser but through another agent. In that instance, the committee will be divided between the two agents. The original agent will acquire merely 3 % and non the full 6 % . If the purchaser is in contact with any agent other than yours, even so your agent deserves his piece. This is because it is your agent who has promoted your belongings and set in a batch of his valuable clip and energy into it. It is his contacts that have helped you find a purchaser In fact, your agent besides supervises the full procedure of sale of your belongings along with the other agent. You will recognize that 6 % for a skilled agent is non at all a bad trade. It is your agent that will pass on all the advertisement and selling of your belongings. Frosting on the bar is the fact that an agent will non demand anything until your house has been purchased by the purchaser and all the paperwork has been taken attention of. They will acquire their portion automatically within the procedure of the trade. You do non pay their portion straight and they earn it automatically as the belongings is sold. You can besides choose for going an agent yourself. It is ne’er a bad thought since it wo n’t affect excessively much of an investing, though on a personal degree, I have ne’er aspired to be an agent myself. Trading in probate houses works good for me. That surely does n’t intend that you ca n’t do good money being an agent. You can ever make that. The pick is all yours. Once you have managed to buy a inexpensive probate belongings, the agent ensures your smooth seafaring through the procedure of sale of the belongings. Second, the agents are ever up-to-date with all the latest and relevant information. He is the 1 who will ever be holding the MLS at his disposal and will besides find the just market value for your capable belongings. Time to hold a closer expression at the necessity of holding an agent: First of wholly, your occupation is to near an agent and assign him the undertaking of pull offing the sale of your belongings from happening a purchaser to the shutting of the trade. Then that agent will execute all the actions necessary to guarantee a quick and a profitable sale. Different maps performed by an agent are: Agents are ever in touch with many other agents. So, he will do all of them cognizant of your belongings and that it is up for sale. He will popularise your house in relevant magazines and besides guarantee proper advertizements through newspapers. He will be registering the belongings in MLS, guaranting its being in the market. His occupation besides includes distributing or passing out the flyers sing your belongings to those shacking in the same country on rent. Since you are willing to sell your belongings at an low-cost monetary value, the flyers should be good plenty to convert them to purchase the house you are offering. He will descry the weak links which may decrease your belongings ‘s value like possibly dust loaded Windowss or something like that Similarly, he will besides allow you cognize how you can heighten your belongings ‘s market worth. He will set up your belongings as an unfastened house and besides publicize it in newspapers. It means any interested purchaser may come and inspect the house which is held â€Å"open† and does n’t even necessitate to reach the agent for that. This is by and large done on Sundays so that most of the possible can come and hold a expression in. Apart from all these, there are legion other services your agent will ease you with. He will besides impart a assisting manus to the purchaser as to how to set up the fundss or arrange loans for him that he requires to purchase your house. He will take attention of all the certification portion as good. A skilled existent estate agent will: – Be cognizant of yours and the adjoining vicinities and how things work at that place. Help you realize where to pass and where non to Aid you to measure the just market value Do non overlook your agent ‘s advice. Make take notice of it that would by and large maintain you out of troubled Waterss. What are Listing Agreements? Delegating the agent the occupation of selling your belongings requires you to subscribe a contract. This contract is called listing understanding. This listing understanding allows the agent to sell your belongings. All the footings and conditions sing the sale of the belongings are mentioned in the understanding. They are by and large non more than three-to-six months long and besides stipulate the agent ‘s portion in the merchandising monetary value of the belongings. An agent ‘s liking for a longer listing understanding is apprehensible since it non merely boosts his opportunities of happening you a purchaser but besides of another agent in touch with him of making so. It is advisable for you to non hold a listing understanding of over three months. In instance the agent is unable to sell your belongings within that tine frame, so either you are citing excessively high or your belongings is non in the best of forms. So make sure that you evaluate the just market value accurately and non anticipate excessively much from your belongings. Besides guarantee that your belongings is in the best of its wellness and put it up for sale at monetary values moderately lower as compared to other similar belongingss. You should be really selective about the location every bit good as the vicinity you invest in to do certain selling the belongings does n’t go another hurdle in your manner. Listing understanding provides the agent with the comfort of selling your belongings over a defined period ( of three months ) . Listing understanding must advert that your house will be registered in the MLS, merely in instance you come across an agent who unluckily is n’t excessively interested in profiting you. They may non desire to name your belongings in the MLS so as to avoid sharing of the committee with another agent. This is n’t likely to go on though at that place a few egoistic agents around so be careful. To avoid any such jobs, do allow your agent cognize your demands and besides inquire him about the scheme he is traveling to use. Have healthy, blunt and frequent treatments with your agent and border the listing understanding consequently. You can ever maintain path of the proceedings to foster safeguard your iterests. Descrying THE RIGHT AGENT For person comparatively new to the belongings concern, a competent agent is a necessity. First of all, seek to remember if you yourself are in contact with any agent. There is nil like holding a household member or a close buddy or anyone as dependable to help you. Then think of person who has sold his belongings recently and inquire him to acquire you his agent. Open your Yellow Pages directory and happen the contact information of nearby real property offices under â€Å"real estate† . Enlist some of the agents of your country. Shortlist the agents and get down taking telephonic interviews of the short listed 1s. Do non merely interview and engage an agent straight off ; do do certain that you talk to a few of them so as to guarantee your compatibility with the agent. From the existent estate bureau itself, acquire contacted about the agents who have been working with belongings investors. These agents are more likely to understand your demand of reaping good income from the belongingss you purchase. State the agent that he is the 1 who needs to happen out the profitable belongingss so that you can put in them and do good money. Let him cognize that you want him to state you about all the pros and cons of purchasing a house in bordering vicinities and maintain you informed about the high potency every bit good as those that are n’t likely to do you great net incomes. Work with merely those agents to whom you are one of the top precedences. Convey to him that are looking to put in a figure of belongingss and non merely in a individual 1 and will work with him on a figure of trades. Tell him that you would necessitate the information you ask for immediately without any holds and that you may necessitate to reach him rather a few times in a twenty-four hours. This is besides indispensable since agents are a busy batch and some of them may non go to to you decently. Tip: – After questioning a few agents you will recognize that all of them are more than happy to work for you. While acquiring you an agent is no large trade, descrying a competent agent does necessitate some making. So do take the hurting of questioning a few agents ( three at the least ) before you hire one. Take your clip and make non seek to hotfoot to following measure as an unqualified agent may impact your income badly. An agent ‘s competency or the deficiency of it will be apparent to you reasonably rapidly. What to inquire an agent while questioning him? Do you hold any experience in working with investors? If the reply is no, see another agent who has worked with investors before. Do state him that you are here to reap a significant income. Convey to him that you want to put in merely those belongingss that wo n’t take excessively long to sell and that you need your pecuniary benefits every bit early as possible. Tell him that it is his occupation to allow you cognize approximately profitable every bit good as uneconomical vicinities. As you have managed inexpensive belongings yourself, state the agent that you mind offering a sensible price reduction for it either. This should ease your agent in marketing your house. It should be bread and butter for the agent to sell the most low-cost belongings ( than other comparables ) in a peculiar vicinity. How experienced an agent are you? The longer the individual has been working as an agent, the more experient he is. More experience surely means more chance of being acquiring you a good trade. While questioning the agents, figure out whether you need a really experient agent or person comparatively new. Now you must be believing â€Å"why should I be even believing about person new in the business† ? The ground is simple. Simply because person less experient looking to do a grade is bound to demo more enthusiasm and dedication towards the occupation. Can I reach you in the uneven hours like early in the forenoon or possibly at midnight as per the demand arises and would be able to supply me the feedback accurately and rapidly plenty? I am willing to put in a figure of belongingss in a twelvemonth, and would wish to find the just market values of a batch of houses. Can you save that much sum of clip for me? Do do sure you clearly ask the agents all of the above and any other things that you think are necessary to discourse. Exercise ___________ ( executors/agents ) are the 1s who determine the just market value of a belongings for you. The belongings whose just market value is to be calculated is termed as ________ belongings. ____________ are those persons who have expertise in ciphering the just market value of belongingss. ____________ greatly assists the agents to happen comparables for a capable belongings. _____________ is a service which has 1000s of listings and has the information of all the belongingss that are presently on sale. The _______________ allows the agent to sell your belongings. IMPORTANT TERMINOLGY FAIR MARKET VALUE Real ESTATE AGENT Appraiser TOWNHOUSE Condominium COMPARABLES List List AGREEMENT MULTIPLE LISTING SERVICE ( MLS ) How to cite A probate property fair market price, Essay examples

International Sale of Goods-Free-Samples-Myassignmenthelp.com

Question: Discuss about the International Sale of Goods. Answer: Issue The primary issue in the given scenario is to determine whether Carrie is entitled to compensate Shipton for the loss that he suffered due to the breach of obligations on part of Carrie. In the given scenario, Carrie and Shipto have entered into a negotiation to carry certain goods of Shipton from Portsmouth, which is located in the United Kingdom to Santander, which is in Spain. Given that the transition of goods falls under the international transactions, the transition shall be subjected to the legal provisions stipulated in the UN Convention on Contracts for the International Sale of Goods (CISG) (Bridge 2017). This UN Convention entails provisions governing the agreements of international goods and services. Legal Rules The provisions set out in the UN Convention CISG, is applicable to parties who belong to nations that are signatories to the Convention. It is also applicable to parties who select the law of jurisdictions of countries that is party to the Convention. For instance, UK is not a signatory to the Convention but has a codified legal system or a stable common law prevailing in the country. Under such circumstances, any laws related to supply of goods and services shall be subjected to such Common law or the relevant codified law excluding the provisions of the CISG Convention. In the given scenario, Carrie and Shipton has not mentioned the laws that would be applicable to the international transition of goods, hence, the two relevant statutes that would be applicable to the transaction are the provisions of CISG and the Sale of Goods Act 1979. The provisions of these statutes shall determine the validity of the contract entered between Carrie and Shipton. The rationale for the applicability of these two statutes is that Spain being a signatory to CISG and UK being the non-party to the Convention, there are possibilities that the parties will decide to apply the jurisdiction of laws of either countries to determine the validity of contract between them. In order to determine whether Carrie is entitled to compensate Shipton, it is essential to understand the essential elements of a valid contact and the obligations and rights of the parties under the Sale of Goods Act 1979 and the CISG. Elements of a valid contract CISG Convention According to CISG, in order to render a transaction as legally valid, there must be an offer at least between two persons, where one person will propose certain terms and conditions known as offeror to another person known as offeree (McKendrick 2014). However, for an offer to be valid, it requires three essential requirements to be fulfilled. Such elements include: sufficient certainty of the proposal; efficacy of the offer; an intention to be legally bound by the contractual obligations after acceptance of offer; According to Article 14 of the CISG, a proposal must be made to a particular group of persons or to any person or it may be considered as an invitation to offer. As per Article 14(2) of the CISG, an offeror must specify whether the proposal made is an invitation to treat or an offer. The second requisite of the provision is to establish that the parties have legal intention to be bound by the contractual obligations to determine the efficacy of the contract. The last essential element that is, the sufficient certainty of the proposal, which is set out under Article [14(1)] stipulates that the nature, price and quantity of the goods are fundamental while making the offer to the offeree (Meeson and Kimbell 2017). Determination of Price An offer must include the price of the goods either expressly or impliedly for establishing the effectiveness of the contract as stipulated under Article [14(1)] of the CISG. However, the provision does not necessitate the offer to include a fixed price expressly. In other words, the determination of price can be made subject to the need for further information or consideration of market price. This uncertainty in determination of consideration satisfies the price determination requisite as an essential requirement of a valid offer (Soyer and Tettenborn 2016). The element of price determination or consideration is subjected to two contradicting provisions under CISG Convention. On one hand, the provision under Article 14 states that a contract is rendered as valid only when it expressly or impliedly includes the determined price. On the other hand, the legal provision under Article 55 of the CISG states that the contract is rendered as valid if the contractual parties perform the contractual obligations even in the absence of the inclusion of price in the contract. This notion is based on the doctrine of party autonomy that is stipulated under Article 6 of the CISG. This principle states that if the contracting parties have confirmed the performance of the contractual obligations from their conduct or have actually performed their obligations, the requirement to incorporate the determined price in the contract is said to have been waived by the contracting parties (Janssen 2017). [Article 6] states that the contracting parties may include their own rules in the contract that would legalize their contractual relationship. Quantity and nature of the goods In order to determine the efficacy of a sale contract, it is essential to include the quantity and nature of goods in the terms and conditions of the proposed offer. Under Article 14 of the CISG, it is not mandatory to describe the goods explicitly as they may be determined impliedly in the contract. However, it is essential that at least the goods be mentioned in the contract to enable the courts interpret such goods while determining the validity of the contract. Under CISG, an oral indication of the quantity and nature of the goods is adequate (Gillette and Walt 2015). Sale of Goods Act 1979 [SGA] Under the provision set out in section 2(1) of the SGA 1979, a sale of goods contract is defined as a contract whereby the seller agrees or is willing to transfer the goods or services to the buyer in exchange for a pecuniary consideration called price. A sale contract may be oral or in writing; it may be partly oral or partly in writing (Symeonides 2014). As was ruled in Hillas v Arcos [1932], such sale contract may be implied by the conduct of the parties to the contract. As per section [8] of the Act, the element price must be included in the contract or shall be determined during the course of dealing between the contracting parties. In the event, the price of the goods is not determine din the manner prescribed under subsection (1), the buyer is obligated to pay a reasonable price for such goods and services depending upon individual circumstances as stated in section [8(2)] of the Act. Sea Waybills Unlike the Bill of Lading, a sea waybill may be defined as a receipt of goods mentioned in a contract of carriage of goods by sea (Glass 2014). The contract requires the carrier to deliver the goods to a person whom the carrier can identify with the help of the Sea waybill. As per Article 58 of the CISG, the provision refers to the transport documents that are related to the disposition of goods. Sea waybills are defined as one such transport documents that controls the disposition of goods and are non-negotiable instruments. In other words, every sea waybill document shall include the word non-negotiable printed on it in capital letters and shall include the name of the designated consignee (Kroll, Mistelis and Viscasillas 2015). The name of the consignee or its agent is not required to be mentioned in the sea waybill at the port where the goods ought to be discharge as after obtaining the document that contains the identity of the consignee, the carrier shall deliver the goods to such consignee. This rule had been set out under Article 45 of the UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea 2009 (the Rotterdam Rules). Further, as per article 58 of the CISG, a sea waybill includes the goods to be carried out and delivered to the consignee within the expansive construction of the CISG provisions. Since a sea waybill is used as a receipt of the goods carried out by the sea, it includes quantity, weight and apparent conditions of the goods so transported by sea, thus, obligating the carrier to carry them to the specified venue. A uniform set of rules regarding sea transport were developed in the form of UNCITRAL Convention on Contracts for the International carriage of Goods Wholly or Partly by sea or the Rotterdam Rules that came into force in 2009. The convention purports to unify the rules relating to transition of goods by sea internationally (Tseng 2016). The provisions of this obligates the carrier to take care of the commodities from the point where such goods have been received to the point they have been delivered. The Carrier is obligated to exercise duty of care towards the goods while transporting them by sea. In case of any legal claims with respect to such transition can be made within two years from the time of delivery. Exclusion Clause During the formation of contract, Carrie included an exclusion clause in the shipping document, which exempted her from any liability that may arise from the loss of the goods to be transited irrespective of the reason for such loss (Schwenzer 2016). As per section [6] of the CISG Convention, exemption and limitation of liability clauses are said to be common instances in international sale contracts. However, given the applicability of the party autonomy in contracts under CISG, the contracting parties are free to limit or exclude the remedies of the aggrieved party. Nevertheless, the contracting parties are at liberty to derogate any remedial provisions only if the obligee is not deprived of all the available remedies under the CISG Convention, as the obligee must be entitled to at least one remedy. The limitation or the exclusion clause that deprives the obligee of the remedies shall amount to infringement of the general principle of reasonableness and the violation of the principle of observance of good faith set out in Article [7(1)] of the CISG, which are fundamental principles of the CISG Convention. These principles ensure that the performance of the contractual obligations does not become optional and remains to be the readiness of the obligee to perform such obligations. The aggrieved person shall be entitled to damages for the loss sustained. However, other than the compensation, the other remedies include: reduction of price [Art 50]; remedy of avoidance under [Art 64]; rights of seller to cure [Art 48]; specific performance under section [46(1)] restore the lack of conformity of the goods [Art 46(3)]; In LEstrange v Graucob [1934], the person relying on the exclusion clause must establish that the clause was part of the contract and binds the contracting party as per the English law. In Olley v Marlborough Court [1949], the court held that the inclusion of the limitation clause must be informed to the other party either at the time of forming the contract or before its formation by providing a reasonable notice for the same. However, the reasonable test varies from one case to another but in case of uncertainty with respect to the limitation clause, the court shall apply the doctrine of contra proferentem where the court shall construe the limitation clause against the party who included it and has relied on it. In Hadley v Baxendale, the court held that the aggrieved person must prove that the loss suffered is direct outcome of the breach of the contract. Outcomes of Passing the risk: [Art 66] of CISG There are no substantial differences between the provisions under the CISG and the English law in regards to passing of risk. [Article 66] endorses the statutory provisions set out in Article [53] under which the buyer is obligated to the price-risk that is passed on to him after it is passed by the seller to him. Nevertheless, in Sterns Ltd v Vickers Ltd [1923], it was held that for contracts involving transportation of goods by sea, the risk of loss is shifted subsequent to the termination of the contract. However, before the risk is passed on to the buyer, the seller must repair, procure and preserve the goods and diligently deliver them to the assigned destination (Nord and Cerqueira 2017). In case of damage caused to the goods during transportation, the seller is entitled to re-supply such goods, given that he is obligated until he delivers the goods to the place of delivery. Further, if the goods are damaged after the performance of the contractual obligations and buyer exercises control over such goods, the buyer shall be liable for the damage caused to the goods. Nevertheless, the performance risk is likely to sift back upon the seller if such damage to the goods results from any conduct or omission of the seller under Article [66] of the CISG. Application In the given scenario, Carrie agreed to transport certain goods of Shipton from England to Spain and issued a Sea Waybill to him. As explained above, in order to render a contract as valid, it is fundamental that a contract includes a valid offer, acceptance and the contracting parties have intention to be legally bound by such contract. On the facts here, Shipton offered to Carrie to transport his goods by sea because Carrie operates a small shipping line. The proposal included every essential element that is necessary to render a proposal as valid under the CISG Convention. Since Spain is a signatory to the Convention and England is not, and in the absence of any specified laws to be applicable to the contract, the laws applicable to this contract are the CISG and the SGA 1979. Firstly, Shipton was particular about the addressee while making the proposal to Carrie regarding the transportation of his goods from England to Spain, which implies that he was certain that he would like to enter into the contract with Carrie. Secondly, on acceptance of the offer, Shipton seemed to have a legal intent to be bound by the contractual obligations. Lastly, Shipton mentioned about the quality and nature of the goods that he purported to be transmitted thus, satisfying the requisites of the provision stipulated under Article 14 of the CSG. Moreover, in regards to the price determination the parties to the contract did not expressly mention the price in the contract but from the conduct of the contracting parties, it can be stated that they have performed their obligations which implies the applicability of Article 55 with respect to the contract. In other words, the effectiveness of the contract can be determined even with the exclusion of the price determination element within the contract based on the doctrine of party autonomy as set out in Article [6] of the CISG. Hence, it can be stated that Shipton and Carrie had entered into a contract as per the provisions of CISG. Moreover, as per section 2(1) of the Sale of Goods Act 1979, a sale contract is formed when goods are transferred from seller to buyer in exchange of price or a pecuniary condition. On the facts here, Shipton has offered Carrie to transport his goods from England to Spain to which Carrie has made an acceptance. Although the price consideration for such transfer has not been specified in the contract, it can be inferred from the conduct of Carrie when she issued a sea waybill that amounts to a receipt of Shiptons goods to be transited by sea. In regards to Rotterdam Rules, the carriers shall be responsible for the goods that are being transmitted and ensure care and diligence is exercised during transition by sea. The legal claims arising from such international transactions shall be filed within 2 years from the date of delivery of such goods. In regards to the exclusion/limitation clause incorporated by Carrie in the shipping documents, Carrie shall be exempted from any liability that may arise from the damage caused to the goods irrespective of its cause. Since the clause was included in the contractual document, the clause shall be construed as a part of the contractual terms. However, the requirement to include such clause in a contract must be notified to the other ignorant party was upheld in Olleys case. On the facts here, Shipton was not notified about the incorporation of such limitation clause, hence, he is entitled to claim damages against the loss suffered provided he establishes that such loss resulted from the breach committed by Carrie and the causation is not remote as per the decision in Hadleys case. In regards to the passing of risk, it can be stated that based on the provision set out in [Article 66] of the CISG, Shipton shall be liable for the risk of loss after the delivery of the good at its assigned destination. This is because Carrie has performed the contractual obligation to deliver the goods at its assigned destination. Nevertheless, prior to the delivery of the goods to the buyer, the seller is responsible for preserving and exercising due care towards the goods. Now, since the goods were damaged, the performance risk is transferred from the buyer to the seller (Sturley 2016). Conclusion A contract has been formed between Carrie and Shipton when she accepted the offer to transport the goods from England to Spain and provided a Sea Waybill against it. The contract included the nature and quantity of the goods to be transferred and performance of the obligation implied the existence of price determination based on the principle of Party Autonomy. In regards to the passing of risk, since damage was caused to the goods subsequent to the performance of contractual obligations, Shipton is not entitled to claim compensation but Carrie shall be entitled to resupply the goods to Shipton for damage caused to the goods during its transition resulting from omission on part of Carrie. References Bridge, M.G., 2017.The international sale of goods. Oxford University Press Gillette, C. and Walt, S., 2015.Sales Law, Domestic and International. West Academic. Glass, D.A., 2014. All tied up? The potential impact of the Rotterdam rules on shippers' obligations to carriers under bill of lading clauses in respect of goods shipped. Goode, R., Kronke, H. and McKendrick, E., 2015.Transnational commercial law: text, cases, and materials. Oxford university press. Hadley v Baxendale [1854] EWHC J70 Hillas v Arcos (1932) 147 LT 503 Janssen, A., 2017.Information rights and obligations: a challenge for party autonomy and transactional fairness. Routledge. Kroll, S., Mistelis, L. and Viscasillas, P.P., 2015, September. Introduction to the CISG. InUN Convention on Contracts for the International Sale of Goods (CISG)(pp. 1-18). Nomos Verlagsgesellschaft mbH Co. KG. LEstrange v Graucob [1934] 2KB 394 McKendrick, E., 2014.Contract law: text, cases, and materials. Oxford University Press (UK). Meeson, N. and Kimbell, J., 2017.Admiralty jurisdiction and practice. Informa Law from Routledge. Nord, N. and Cerqueira, G., 2017.International Sale of Goods. Springer. Olley v Marlborough Court [1949] 1 KB 532 Rogers, A., Chuah, J. and Dockray, M., 2016.Cases and Materials on the Carriage of Goods by Sea. Routledge. Sale of Goods Act 1979 Schwenzer, I., 2016. Global unification of contract law.Uniform Law Review,21(1), pp.60-74. Soyer, B. and Tettenborn, A. eds., 2016.International Trade and Carriage of Goods. CRC Press. Sterns Ltd v Vickers Ltd [1923] 1 KB 78 Sturley, M.F., 2016. What Has Become of the Rotterdam Rules?.Journal of Transportation Law, Logistics and Policy,83(4). Symeonides, S.C., 2014. Party autonomy in international contracts and the multiple ways of slicing the apple.Brook. J. Int'l L.,39, p.1123. Tseng, C.J.C., 2016.The Rotterdam Rules in harmonising the law of international carriage of goods by sea: a study of the perspectives of shipping companies, marine insurance companies and PI Clubs(Doctoral dissertation, University of Surrey). United Nations Convention on Contracts for the International Sale of Goods (CISG) 198

Night And Eliezer Essays - The Holocaust, Holocaust Literature

Night And Eliezer Eliezer was a young boy when the Holocaust began. He saw his family, his friends, and his fellow Jews humiliated and murdered. This autobiography, Night, was written by Eliezer Wiesel. He wrote about what horrors he saw and went through during this dreadful period in time. The first part of the book is when he was very religious and prays with Moshe. When the German soldiers come into their town the townspeople fear them. But this is when he begins to become doubtful. For the rest of the novel, Eliezer starts to question his God. Eliezer Wiesel was twelve when he first met Moshe the Beadle. At this time in his life, he was a big believer in God. He studied the Talmud during the day and at night he prayed at the synagogue. One day Eliezer asked his father, who was a rabbi, "Can you find me a master to guide me in my studies of the cabbala?"(1) But his father simply replied, "You're too young for that. Maimonides said it was only at thirty that one had the right to venture into the perilous world of mysticism." (1-2) In return to this statement made by his father, he went out to find his own. This is when he found Moshe. Almost every evening, they would talk about God and sit in the synagogue and pray. Moshe became Eliezer's master to show him the mysteries of the cabbala. During these nights, Eliezer said, "We would read together, ten times over, the same page of the Zohar. Not to learn it by heart, but to extract the divine essence from it."(3) Since Moshe was a foreign Jew, he had been taken away to a concentration camp. He had escaped only to be able to tell the townspeople what he had seen. No one believed him. Even Eliezer did not believe his foolish story. But Eliezer could see that Moshe had changed. He no longer talked about God and the cabbala. People thought he was a madman. "What an imagination he has!" people said. (5) People continued to do their daily tasks as if he had not said anything at all. Although Eliezer heard horrible stories from Moshe, he still continued his studies of the cabbala. A while later, Germans were known to be in a town close by Sighet. The optimists thought they would not come to our town though because there are strategic and political reasons why they would not want to leave that town. But, three days later, they were in Sighet. At first, they acted friendly and one even gave gifts to Eliezer neighbor who was housing him. By the seventh night of Passover, the nightmare began. All the leaders of the Jewish community had been arrested. They had rules the people had to obey like wearing yellow star and staying in our house for a certain amount of days, etc. The next thing that came was deportation. The people had to wait on a blazing hot street waiting for their turn to come. Little by little, Eliezer started to disbelieve that there was a God. "Oh God, Lord of the Universe, take pity upon us in thy great mercy," the people said. (17) The night before they left they didn't pray to pass the time more quickly. When they arrived at the first camp, his father and Eliezer were separated from the rest of his family. He heard about people who went to the crematory and the gas chambers. His father started praying. "For the first time, I felt a revolt rise up in me. Why should I bless His name? The Eternal, Lord of the Universe, the All-Powerful and Terrible, was silent. What had I to thank Him for?"(31) Moving from one concentration camp to another, Eliezer saw many more deaths. While at Buna, he witnessed many more deaths and hangings. While watching three prisoners die slow and miserable deaths, Eliezer heard a man behind him say, "Where is God now?"(62) I replied in my head "Where is He? Here He is-He is hanging here on this gallows."(62) Later in the novel, his father gets very sick .The doctor's can not help him. While roll call his father called Eliezer's name, but the officer told him to be quiet. He did not hear and continued to call for me. He was shot in the head, but did not die immediately. He managed to get out the word one last time "Eliezer." When I woke up the

Marilyn Manson Essays - Marilyn Manson, John 5, Concept Albums

Marilyn Manson Essays - Marilyn Manson, John 5, Concept Albums Marilyn Manson Hey Mr. Superstar This band is a twist of Iggy Pop, KISS, and Alice Coopper. Starting in south Florida as a small industrial Goth band, Marilyn Manson has changed the main stream music of today. They have come to be a leader and paved the way for other shock-rock bands. Just coming out with his fifth album this week, he will continue reaching out to rebellious teenagers that need some sort of support. Marilyn Manson has been hitting charts because of their songs and lyrics, show performances, and public attention. One of the reasons why Marilyn Manson is famous today is because of their undefined musically talents. They are a five piece band which includes singer Marilyn Manson, lead guitarist Twiggy Ramirez, bassist John5, drummer Ginger Fish, and on keyboards M.W. Gacy. Each member has been playing music since childhood. Putting these musician's talents and creative minds together they have accomplished more than most bands around. Unlike many artists today Manson with help from Ramarize writes and produces all songs that go onto thier albums. Their lyrics are very skillfully written so that they will attract public attention and listeners. Manson gets lyrics from his personal thoughts and tragedies that happen around him. On their bands fourth album he wrote about his girlfriends drug addiction in a song called Coma White, A pill to make you numb, A pill to make you dumb, A pill to make you anybody else, But all the drugs in this world won't save her from herself. In this new album called H olywood, Manson was inspired by the violence he see in entertainment and how it is affecting children and the world. Touring the world, visiting countries across the globe, and selling out concerts have been the role of Marilyn Manson since they became popular with the public in the mid nineties. The band works hard to entertain their fans with new and outrageous performances. Most of their earnings from touring and album sales go into the performances and live shows they do. Their performance is a show to remember. In last year's sold-out tour, Dead to The World, had Manson doing over seven costume changes, stage explosions, a burning cross, wide screen televisions, and large amounts of glitter poured onto the crowd. With over a hour long performances filled with entertainment, speeches, and music. Their show is like no other shock-rock artist of today. Another reason why Marilyn Manson keeps on the top of the charts is because of his public attention. Even when he is not turning out records or running his music videos, the media seems to still keep him at a focus point. The publicity that he gets from reports saying negative rumors just seems to help him with selling albums and concert tickets. The anti-Marilyn Manson fans appear to have something to say about him and his acts. They start rumors to trash the shock rock band by telling media that they kill animals, throw puppies into the crowd at concerts, and even say that he pours pigs blood on the audience of his concerts. Yet this does not stop young rebellious teenagers from attending. Even politician Joe Lieberman suggested that Marilyn Manson's music was responsible for the shooting at Columbine, when in fact the shooters for the high school killing did not listen to their music. A big part of being Marilyn Manson is attracting fans, pushing the limits, and finding new ways to shock and appall people. Yes, many older generations do not agree with what they are putting out and think that it is rock trash, but then why is the band topping charts, and why is it that they can go to any country and sell out concerts with a weeks notice? Maybe because some people believe in what he is saying and that some people actually do like his music.

The Life of Prophet Mohammad Essay Example | Topics and Well Written Essays - 1250 words

The Life of Prophet Mohammad - Essay Example The hermit asked them where they were from and they replied Mecca, he then told them that God would send a prophet from their people. When they inquired the name of the prophet, the hermit told them he would be called Muhammad and would lead them to new life (Kalby et al 1992). In the meantime, while saddened by the death of her husband, Aminah, felt healthy and stronger during her pregnancy. At his moment, she had dreams of many things. On one instance, it was as if a great light was coming from her and on another occasions heard a voice which told her that she would deliver a baby boy and would name her Muhammad. She did not tell any one about the voice. On the 12th day of Rabi al-Awwal, the year 570 A.D, a baby boy was born of Aminah. It's believed that when a chosen prophet is born, God (Allah) gives signs. Such signs were seen that day, for instance, a scholar from Yathrib saw a new star that had never been seen before in his studies of the stars and heavenly bodies. He called people to witness the star and told them a prophet must have been born (Kalby et al 1992). Aminah sent news to her father in law Abd al-Muttalib, who was so much delighted and immediately started thinking of naming the grandson. No ordinary name was to be given. After six days, he dreamt of Muhammad as the name just as Aminah herself had done and so he was named Muhammad meaning the 'Praised One' (Teece 2004). His Childhood Just like many families at that time, Aminah sent her son to the desert in his early ages so that they could grow and develop into a healthy boy as the desert was healthier. Muhammad was taken by a Halimah, a Bedouin woman. She was not very rich and in fact that year the harvest were even worse and she could not even breast feed her own baby. Nonetheless she and her husband opted to take Muhammad since he was the only child left as no one wanted to take him since the wet nurse had to be paid by the baby's father yet Muhammad had lost his dad (Teece 2004). Halimah never wanted to pick him either but she did not want to go back without a baby. When they reached home, Halimah noticed that a lot of things changed, the land was greener and lots of foods were harvested and she had plenty of milk from her sheep. She knew this was fortune from the new child. By the time Muhammad tuned two years, she had grown fond of him and Muhammad played with her children and would even go to take care of the sheep in the grazing fields. She had to return him and when she reached there she pleaded with Aminah to keep him a little longer which she accepted (Teece 2004). Muhammad (pbuh) Often sat alone and it's believed that at some instance two angels had washed his heart. This was to make his heart pure. Muhammad would be greater than all men ever born (a seal of prophets). On his return, Muhammad (pbuh) was a very healthy boy, Aminah decided to take him to visit his uncles in Yathrib. He had a great time with his cousins. Unfortunately, on their way home, his mother felt ill and died. He was later taken up by his grandfather. They lived together happily until when the grandfather also felt ill and asked Abu Talib, His son to take up Muhammad (pbuh) upon his death. Muhammad was easily assimilated into the family of Abu Talib though he (Abu Talib) had many

Empowering Assignment Example | Topics and Well Written Essays - 500 words

Empowering - Assignment Example One of the best ways through which change is realized is by learning. Through learning, one is able to acquire knowledge and skills most appropriate in establishing change. Currently a number of people are accessing higher education in order to acquire sufficient knowledge and skills towards improving the manner in which things are done. One critical aspect of substantive importance is that as one acquires new skills and knowledge, it is important that the initially acquired knowledge and skills be discarded for an effective implementation of change. It is only through such means that obsolescence can be fought. Lack of following these strategies happens to be the greatest obstacles towards fighting obsolescence. A critical example is in the case, in which one spends lots of money is spent studying for an MBA course, which after a short while becomes obsolete requiring an individual to study more and acquire new skills. Fighting obsolescence requires various attributes in making it a success. Yes, it is for a fact that despite one spending, a lot of money is studying an MBA project; soon the skills acquired become obsolete requiring replacement. It is evidently clear that at every one time, there are the most appropriate mechanisms of tackling some situations that work effectively with the acquisition of the MBA. Such skills are useful in taken an individual into the next level, which also requires new skills and knowledge. Lack of a well-strategized and planned fight against obsolescence means an obstacle to change as is with the case of many supervisors who are not able to effect change, and resist any effort towards making a change. Achieving advanced knowledge such as through an MBA is very essential. In a life crowded by with numerous responsibilities and dreams to cater for, require that one use the acquired skills in fighting obsolescence to realize the dreams. Empowerment like fighting

Analyze Oath of the Horatii Essay Example | Topics and Well Written Essays - 1000 words

Analyze Oath of the Horatii - Essay Example Their mothers and sisters are fearful for the warrior’s lives as depicted at the bottom right of the painting. The legend depicts one of the Horatii sisters to be engaged to one of the Curatii brothers. During the contest, two of the Horatii brothers were instantly killed, but Publius feigned flight and managed to kill his wounded pursuers piecemeal. The sister wept with sorrow, upon hearing that her brother Publius had killed her lover. Seeing her tears, Publius the surviving Horatius brother was horrified that she was cursing Rome, stabbed his sister calling upon death on any Roman woman who mourned the enemy (Livy, 1978). The painting by David depicts heroism. In this case, the painting  shows the three sons as they give the salute and  swear to protect their city.  In line with this, the French government used the painting as a means of pre-French revolution propaganda, to promote a sense of nationalism. The main aim of the government was to bring its citizens together  and build loyalty for their country. Hence, Jacques-Louis David created the painting in order to inspire feelings of heroism and loyalty within the French people. The Horatius brothers are risking their lives in order to protect their city of Rome, despite the woeful and sorrowful faces of the women. David attempts to give his people a sense of sacrifice.  Through his painting,  the Oath of the Horatii is aimed at promoting loyalty and sacrifice for the country eventually leading to the rise of outstanding heroes during the French Revolution. Hence, the painting required the French to take arms and swear to protect their country as the brothers did in the painting (â€Å"The Oath of the Horatii,† 2011). Jacques-Louis David presented the first work of art in a new style called the rococo style. The painting has a broad and basic composition, with the full-scale figures

Advantages and Disadvantages of Positivism

Advantages and Disadvantages of Positivism Q. Discuss the advantages, strengths, disadvantages and weaknesses of a  positivist approach to the social sciences. The profusion of use and multifariousness of meaning of the word positivism results in a need for any essay on the subject to first give its own precise definition for its use of the term, distinguishing its particular context from its use in other contexts. The term positivism, first coined by the philosopher Auguste Comte in the nineteenth-century, was first originally confined to the boundaries of philosophy and natural science; by the present, the term has spread its meaning to cover fields as diverse as law, political theory, the social sciences, philosophy and even literature. In all of these fields the dictionary definition of positivism as ‘. . . a system recognizing only that which can be scientifically verified or logically proved, and therefore rejecting metaphysics and theism’ (Oxford, 1989: pp. 385-386) remains broadly true of most of its uses, though it does little to reveal the subtle distinctions of use of the word positivism in each of these disciplines. For instance, legal positivism is ‘. . . a view which, in contrast to the natural law view, claims that a legal system can be defined independently of evaluative terms or propositions is the view that in law’ (Hugh-Jones, S. Laidlaw, J, 2000: p88); in literature positivism refers to a specific period of Polish literature where writers were inspired by the nascent achievements of science and technology; and in philosophy the term logical positivism meant the scientific investigation of the philosophy of language — as in writers such as Wittgenstein. All in all then, the term positivism has an umbrella use designated by the dictionary definition, but then has several further and more individualistic uses depending upon the context in which it appears. ‘Positivism is the view that serious scientific inquiry should not search for ultimate causes deriving from some outside source but must confine itself to the study of relations existing between facts which are directly accessible to observation’ (Hugh-Jones, S. Laidlaw, J: 2000: p.3) The definition of positivism chosen for use in this essay, its particular domain being the social sciences, is that stated above by Hugh-Jones and Laidlaw. According to this version of positivism, data gathered from sense perceptions is the only possible data that may be used as a foundation for knowledge and thought. Hence, all data and phenomena taken from beyond sense perceptions or the properties of observable things is banished — thuds a priori metaphysics and theology dismissed in toto. Science alone sets the perimeters for human knowledge, and, accordingly, positivism maintains the expectation that science will ultimately attain to solve all human problems. As such, a social scientific definition of positivism regards the research of social scientists as identical in importance to that of natural scientists; that is, social scientists, like natural scientists, employ theories and explanations for phenomena, inferred from sense data for the purpose of social benefit. Wit h respect to political science as a social science Popper thus says ‘We get the particular definition of one of the social sciences — political science — which tries to separate the subject from the values we apply to it, and argues that it is possible to develop value-free knowledge’ (Popper, 1983: p. 75). This quotation shows the extent to which one particular social science’s use of the term positivism has mutated from its general umbrella use. For the purposes of this essay, positivism will be regarded as having four essential characteristics (King, 1994: p. 204). (1) It is concrned with the search for the unification of scientific method, that is, with the notion that logic and inquiry are universal principles extending across all scientific domains. (2) That the ultimate end of scientific inquiry is to gives explanations of social phenomenon and to make predictions about their behaviour as according to discernable laws of society. Thus positivism in the social sciences seeks also to develop a ‘general law of social understanding’, by discovering necessary and sufficient conditions for any phenomenon. (3) Positivism maintains that social scientific knowledge must always be subject to proof through empirical experimentation. All subjects of reaseach and investigation in the social sciences should be based upon observations derived from sense-perceptions. (4) Social sciences must seek to free themselves of valu e-judgements as far as possible, and of moral, political, and religion ideas that might contaminate their research. Thus, in short: social sciences must seek to dicover universal conditions behind social phenomena;all social scientific empirical statements must be asolute truthes which are true at all times and true in all places; finally, research can proved only by empirical experimentation. In There Is More Than One Way To Do Political Science Marsh Smith (2001), while debating whether the social sciences might legitimately have both a positivist and realist approach to science, argue that one of the principal strengths of positivism is that it is ‘foundationalist’: that is ‘. . . in ontological terms it argues that there is a ‘‘real world’’ out there, that it is independent of an agent’s knowledge of it’ and that ‘. . . it is possible, using the proper ‘‘research methods’’ for an observer to discover these real relationships between social phenomenon’ (Marsh Smith, 2001: p. 529). Thus the great strength and advantage of a positivist approach to the social sciences is that it grounds anthropology, sociology, political science and so on upon a hard and definite ‘foundation’ of empirically testable data, and makes theories out of this data from which absolute laws of social behaviour may be attained. A second distinct advantage then of positivism is that it permits an analysis of the causal relationships between phenomena. Positivism thus allows the social sciences to make certain predictions about the phenomenal world. Thus Dowding states ‘. . . all good political scientists produce models with definite predictions . . . which they can then test one way or another against data gathered from the actual world’ (Dowding, 2001: p. 92). A chief strength then of a positivistic approach, is that it brings to the social sciences the desire to emulate the excellence of the natural sciences in respect of their rigorous experimentation, precisely stated hypotheses, definite laws, and thus prediction of behaviour. By approaching its investigations thus, social scientists attain a high level of accuracy in their results and in their predictions, and thus come closer to a total description of the behaviour of social phenomenon. By approa ching the social sciences from a positivist position, social scientists are able to cut away from existing ‘knowledge’ many prejudices, suppositions, superstitions and other non-scientific opinions that have gathered about these social phenomena (Marsh Smith, 2001). In other words, positivism, by declaring valid only those things which conform to its vigorous standards of investigation, strips social phenomenon of their perceived nature and reveals them as they really are. A second key advantage of taking a positivist approach to the social sciences is that such a move solidly roots the social sciences in the accomplishments of the natural sciences over the past four hundred years. Early positivists like Comte, Spencer and Saint-Simon understood their theory and work as something growing directly out of the experimental and theoretical achievements of the great natural scientists like Newton, Spinoza, Darwin and others. Comte knew that the natural sciences and natural scientists, were essentially positivist: that is, they appealed to the perception and measurement of objective sense-data from which to make experiments, analyze results and make theory, predictions and laws. Comte and the other early positivists thus understood their work as an act of ‘making explicit’ the theory which natural scientists had adhered to for centuries. When, in the twentieth-century, social positivists like Ernst Laas, Friedrich Jodl and Eugen Duhring began to establish the theoretical and experimental parameters of the social sciences, they also understood their work as a branch of the natural sciences and as a continuation of its discoveries. Anthropologists, sociologists, social scientists of the early twentieth-century faced a choice: they could orientate their subjects within the sphere of natural science and its immense harvest of the past two decades, or they could orientate it in the sphere of theology and the liberal arts which had dominated all human history before the advent of natural science. Laas, Jodl, Duhring and later Marsh, Smith and others have all agreed that the social sciences must be built upon the platform established by the natural sciences. These sciences have been the predominant intellectual authority for Western Europe for nearly four hundred years, and social scientists think that the positivist approach to the natural sciences offers greater objectivity, certainty of prediction, and deeper insight into thei r subjects than could achieved by any other method of inquiry. Further, the allegiance of the social sciences to the natural sciences, through a shared conviction in the positivist philosophy, means that the social sciences can constantly draw upon the fund of new empirical material daily unearthed by these natural sciences. In other words: if the social sciences have an exchange of knowledge between themselves and the natural sciences, then every refinement of experimental method, theory, or analysis achieved by the natural sciences may be immediately seized upon and utilized by the social sciences also. And, vice-versa, this interchange allows the social sciences to more freely disseminate their discoveries within the world of the natural sciences. Moreover, by sharing a positivist philosophy with the natural sciences, the social sciences may draw from its authority in the presentation of their results to the wider scientific and academic community. That is, the employment of positivism by the social sciences, dispels and neutralizes the accus ations from some quarters of the scientific and outside world, for instance those of Karl Popper, that such sciences are ‘pseudo-sciences’. This claim can hold no weight if it is seen that the natural and social sciences share alike the same methodology and principles of operation. Nonetheless, it should be made clear that whilst the social sciences derive authority and knowledge from the natural sciences, that they do not depend upon it exclusively for authority. Indeed, the social sciences have made their own refinements to positivism, and thus their methods of experimentation and analysis, quite independently of those achieved in the natural sciences. The social sciences have adapted the positivism they received from the social sciences to conform to their own empirical material and the idiosyncratic and diverse domains encountered in societies and the human world. In short, the social sciences have moulded positivism to the world of empirical human affairs, thus ent ering a territory that the natural sciences had previously not trodden. Historically, perhaps the greatest weakness and hence disadvantage of positivism generally, and with respect to the social sciences in particular, has been its insistence upon methodological absoluteness. Since the time of positivism’s foundation in the philosophy of Auguste Comte, positivists have persistently sought to use its scientific methods to explain every conceivable aspect of social phenomenon; that is, they have wanted to observe an object in its totality, tracing its entire phenomenological casuistry, its material composition, and thus produce a absolute theory of knowledge about that phenomenon. According to this scientific philosophy positivism must produce absolute laws to describe the behaviour and nature of phenomenal objects. The naivety of this search for the perfection of methodology and absoluteness of social scientific laws was exposed in the second half of the twentieth century, firstly by the advent of post-modernism (Popper, 1989: p.109-128), which sho wed the epistemological difficulties — impossibilities? — of extending science to such extreme levels; secondly, positivism’s applicability in all instances was increasingly undermined by the new theories of social scientists themselves. The various discoveries of anthropology, sociology, political science and other social sciences led researchers to an ever clearer conclusion: the phenomena of social science are far too sophisticated and involve the intimate interaction of too many separate objects, people and processes to be scientifically observed in their totality. Sociologists for instance, in their investigations into the mechanisms of the smallest of social units, the family, soon realized that no absolute and all-encompassing laws could be applied to the behaviour of these units (Gerrad, 1969: pp. 201-212); the great complexity coming from the need for the axioms and paradigms which are true of one family unit must, according to pure positivism, be shown to be true of all family units in all places and at all times. Pure positivism states that the laws of social science are of the same type and significance as the laws of physics, biology and chemistry; but for these laws to attain this equality, the laws of social science must be easily expressible and as rigorously testable as those of the natural sciences. The difficulty of attaining such equality is easily demonstrated by Gerrard’s (Gerrard, 1969) experiments, where he discusses the complexity of social issues involved in a four member family unit in America, and then postulates the near impossibility of scientifically demonstrating that family units in Northern France, in Thailand, in Hawaii and in all other places can be shown to obey the same exact rules as those affecting the family in America. Thus social scientists from the 1950’s onwards, confronted with the sheer vastness of ethnic, racial and community diversity, began to question the possibility of producing social laws that would be universally and ubiquitously binding. And in 2006 when even natural scientists have no certainties even about the exact behaviour and nature of a single atom; how can social scientists hope to prove laws for something as complex as a city? Another weakness of extreme positivism has been its inability to accurately prove its hypotheses through empirical experiments (Popper, 1983: p. 12 also: Dowding, 1995: p. 138). Whereas experimentation in the natural sciences usually involves the investigation of inanimate or relatively simple objects such as metals, stars, chemicals and so, these having the same properties constantly, in contrast, social phenomenon — people, communities, organizations etc., — are animate and are compositions of vast complexly intertwining feelings, emotions, thoughts, volitions, passions, motives, associations and so on. Thus, to undertake a social experiment, a social scientist has to be sure that he can separate the single mental or behavioural element, say ‘a criminal tendency’ that he wants to investigate, and then to exclude or control the influence of the other mental and social factors that will otherwise affect the accuracy of the experiment. In many instances suc h exclusion is nearly impossible to the degree of purity demanded by extreme positivists; a human being cannot be put in a test-tube or a vacuum and so shielded from external influences in the way that magnesium or atoms can. Thus social scientists have become ever more conscious that a major limitation of the positivist approach in respect to their discipline is its insistence upon perfect conditions for experimentation and for the accuracy of hypotheses and predictions (Dowding, 1995). Further, other discoveries in the social sciences have begun to place an ever greater emphasis upon the life of the individual and upon subjective experiences as vital factors in the constituency of societies (Marsh Furlong, 2002). The hermeneutic or ‘interpretive’ approach has come to assume ever greater importance within the social sciences, setting up for itself an area of investigation of phenomenon quite different from positivism, and therefore undermining the legitimacy of positivism’s claims to describe the totality of social phenomenon. Positivism is, according to this view, the outcome of a particular culture and particular history (Western European); what legitimacy then does it have to proclaim its results as of universal validity, as it must, to meet its own standards of scientific investigation? Moreover, social scientists themselves bring to their experiments their own subjective experiences, their own thoughts, volitions, prejudices etc., and these all affect experimentation and thus the security of results — just as surely do these things in the subjects of analysis. Thus David Marsh and Martin Smith have stated, in their powerful metaphor derived from Marsh’s earlier article, that ‘In the social sciences . . . subjective ontological and epistemological positions should not be treated like a pullover that can be ‘‘put on’’ when we are addressing such philosophical issues and ‘‘taken off’’ when we are doing research’ (Marsh Smith, 2005: p.531). That is, they should not be treated as a ‘pullover’, as temporary measure, as they have been by positivists to date. In the final analysis, it seems clear that neither the extreme positivism once advocated in the wake of Auguste Comte’s first philosophical writings, nor extreme anti-positivism nor anti-foundationalist positions as have recently been taken by some hermeneutists and realists, can lead to significant future progress in the social sciences. The chief strength and advantage of a positivist approach is the vigorous process of setting hypotheses, of empirical experimentation to test these hypotheses, of deep analysis to measure the results, and then the ability to codify the results in a set of laws and predictions. Claiming for themselves, in this sense, a parallel certainty of laws and predictions as and laws demanded by the natural sciences, positivism reveals to the social sciences phenomenal objects as they really are — as they are when stripped of superstitions, fallacious theories, prejudice and so on. Positivism demands a definite residue of facts and ‘truthsâ €™ that are universally applicable to social groups and communities irregardless of time, place or environment. In striving so vigorously for such ideals, positivism gives the social sciences a high degree of authority and respectability within the wider scientific and academic community as a whole. Further, a positivist approach in the social sciences affords a ready means of comparison and exchange of knowledge between other disciplines such law, philosophy, literature and so that employ positivism also. Indeed, in seminal respects, such is the importance of positivism for the social sciences that it is difficult to see how they could justify being ‘sciences’ without it. The two principal disadvantages of a positivist application to the social sciences are these: firstly, that its search for ideal and perfect standards of scientific methodology and analysis are too unrealistic when set beside the extreme complexity of social phenomenon; the second weakness, is positivism’s lack of empathy and consideration of the subjective, individual and hermeneutic aspects of social phenomenon. Dealing with the first objection, critics of positivism argue that it cannot — working as it does in the outside world, in cities and in companies, in villages and mass organizations — attain the same standards of empirical excellence, either in experimentation or in verification of results, as can natural scientists working in the controlled conditions of a laboratory and deriving principles mostly from inanimate matter of slighter sophistication than human beings. Moreover, social scientists have a nearly insuperable difficulty in codifying laws of so cial phenomena with the precision that physics or chemistry allow for material phenomena. Thus positivism in the social sciences attains a lower level of prediction and accuracy with respect to the phenomenon it observes, than do the natural sciences. The second major weakness of a positivist application is its failure to take sufficient account of the subjectivity of individual life and to interpret the meaning of that phenomenon for the subject and the community of the subject. On these matters positivism has nearly nothing to say, and thus it is barred from a whole hemisphere of human social experience. As the first sentence of this conclusion suggested: neither an extreme positivist not an extreme subjective or hermeneutic attitude can dominate the future of the social sciences. Rather, social scientists must learn to join positivism with subjectivism, thus fusing the two halves of social phenomenal experience. If positivism can be brought into union with the subjective in the social sciences, and if positivists can learn to tolerate something less than perfection in their methodological approach, then positivism must still be said to have a large contribution to make to the future of social science. In might be said then, in our final words, that positivism is simultaneously an advantage and disadvantage for the social sciences; whether one or other of these qualities is dominant remains to be seen. BIBLIOGRAPHY — Dowding, K. (2001). ‘There Must Be An End To Confusion: Policy Networks, Intellectual Fatigue, and the Need for Political Science Methods Courses in British Universities, in Political Studies, Vol 1., pp. 89-105. — Dowding, K. (1995). Model or Metaphor? A Critical Review of the Policy of Network Approach. Political Studies, Vol. 45, Issue. 1, pp. 136-158. — Green, D. P. Shapiro, I. (1994). Pathologies of Rational Choice Theory : A Critique of Applications in Political Science, pp. 89-95. New Haven, London. — Gerrard, James. (1969). The Sociology of the Family, pp. 303-316. Ford Press, Pittsburgh. — King, G. (et al.). (1994). Designing Social Enquiry: Scientific Inference in Qualitative Research, pp 201-208. Princeton University Press, Princeton.  ­Ã¢â‚¬â€ Hugh-Jones, Steven Laidlaw, James. (2000). The Essential Edmund Leach, p163. New Haven, London. — Marsh, David Smith, Martin. (2001). ‘There Is More Than One Way To Do Social Science: On Different Ways To Study Political Networks’ in Volume 49, Number 3, pp. 528-541. — Marsh, David Furlong, Paul. (2002). ‘A Skin Not a Sweater: Ontology and Epistemology in Political Science’ in Marsh, David and Stoker, Jerry (Eds.). Epistemology in Political Science, pp. 17-41. Palgrave, Basingstoke. — Popper, Karl R. (1983). Realism and the Aim of Science, pp 1-13. Routledge, London. — Popper, Karl R. (1989). Conjectures and Refutations: the Growth of Scientific Knowledge, 69-76. Routledge, London. — Quirk, Randolph (et al.) (Eds.). (1989). The Oxford English Dictionary. Oxford University Press, Oxford.